How Warranties Work: Used and “As Is” Sales
The Warranty Killer
Things may be sold “as is” in many states. No warranty is being offered, and the statement “as is,” which tells the customer that the product is definitely in less than the best condition, functions as enough of a disclaimer to void even the implied warranties in many states. If the buyer examines, or refuses to examine, a product about which they have been so warned, and then buys it, the implied warranties will not be in effect.
...except!The implied warranty will be in effect if
a court determines that it was unreasonable for the buyer to have understood that there were no warranties. The implied warranty would also be in force if the dealer is in the business of selling similar products. This would be in a place such as a used car lot, or a used dvd and video game store. Also, anyone selling a thing “as is” where the defect causes personal injury is still held liable for the damage, even without a warranty.
State by state differences
“As is” rules differ from state to state. For example, in Maryland the phrase “as is” does not register with the law. This means that the implied warranty of merchantability applies (except for cars that are both over 6 years old and have over 60’000 miles on the odometer). As of the publication of this blog post, the other states not recognizing “as is” sales were Alabama, Connecticut, Kansas, Maine, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and the District of Columbia.
The differences matter, so unless you’re just buying an ice cream scoop at a garage sale, you should look into the laws before nabbing anything big or important.
The next piece: Who is Responsible?
The full series:
pt.1: What is a Warranty?
pt.2: Which Law Governs Warranties?
pt.3: The Express Warranty
pt.4: Implied Warranty #1
pt.5: Implied Warranty #2
pt.7: The Limited Warranty
pt.8: The Caveats (the “bewares”)
pt.9: Used and “ As Is” Sales
pt.10: Who is Responsible?
– – – –
David is has written and made videos about flooring products and installation since 2011 at Floors To Your Home (.com), where he is also the PPC Manager, a Researcher, a Website & Marketing Strategy Team member, Videographer, Social Strategist, Photographer and all around Resource Jito. In my spare time I shoot and edit video, put together a podcast, explore film history, and mix music (as in ‘play with Beatles multi-tracks’). Connect with W. David Lichty
Follow Team Floors To Your Home on Facebook